Can I get divorced in Ontario if my spouse won't sign or cooperate?
Yes. You do not need your spouse's consent to get divorced in Ontario, because the only ground is breakdown of the marriage. You must still prove breakdown, usually by living separate and apart for at least one year. A joint application does need both spouses' consent, so if your spouse will not cooperate you would generally apply on your own and name them as respondent.
Your spouse must be served by someone 18 or older who is not you, and a respondent served in Canada or the US has 30 days to serve and file an answer, or 60 days if served elsewhere. If no answer is filed, you file the Affidavit for Divorce (Form 36), and an uncontested divorce is decided on paper by a judge. The divorce takes effect on the 31st day after the judgment is made.
If your spouse files an answer, a judge must hold at least one conference, subject to exceptions. Whatever happens, the court must still be satisfied that reasonable arrangements have been made to support any children of the marriage. The details depend on your facts, so consider speaking with a lawyer.
Key takeaways
- Your spouse's consent is not required, because the only ground for divorce is breakdown of the marriage.
- A joint application needs both spouses' consent, so with an uncooperative spouse you would apply on your own and name them as respondent.
- A respondent served in Canada or the US has 30 days to serve and file an answer, and a respondent served elsewhere has 60 days.
- If no answer is filed, the applicant files the Affidavit for Divorce (Form 36) and a judge decides the uncontested divorce on paper.